Judgment No. 23050 of 2024: A Step Forward in Asylum Law in Europe
The recent judgment of the Court of Cassation, No. 23050 of August 22, 2024, is part of an ever-evolving legal landscape concerning asylum law in Europe. This decision is based on the judgment of the Court of Justice of the European Union (CJEU) of November 30, 2023, which clarified the responsibilities of Member States in assessing the reception conditions of asylum seekers. In particular, the judge of the requesting State must ascertain the existence of any systemic deficiencies in the country of transfer, not merely limit themselves to a normative analysis.
Implications of the Judgment
The judgment of the Court of Cassation originated from an appeal against the transfer of a Pakistani citizen to Slovenia. The Court overturned a previous decision that had limited itself to examining normative and statistical data on Slovenia, as reported in the Aida Country Report, without considering more up-to-date and authoritative information on the reality of reception conditions in that country. This aspect is crucial, as asylum seekers have the right to a comprehensive and not superficial assessment of the conditions they may have to face.
Art. 3, paragraphs 1 and 2, of Regulation (EU) No. 604 of 2013 (so-called Dublin III) - CJEU Judgment of November 30, 2023 - Appeal against transfer to a Member State - Judicial review - Ascertainment of systemic deficiencies in the country of transfer - Criteria - Factual circumstances. In proceedings challenging a transfer ordered by the Dublin Unit, the judge of the requesting Member State is required, pursuant to Art. 3, paragraphs 1 and 2, of Regulation EU No. 604 of 2013, as interpreted by the CJEU judgment of November 30, 2023, to ascertain the existence, in the requested Member State, of any systemic deficiencies in the asylum procedure and in the reception conditions of applicants for international protection, not limiting themselves to an analysis of the normative and institutional system, but verifying the actual procedures and material treatment of the aforementioned pending a decision, based on information drawn from authoritative and up-to-date international sources or from further factual elements. (In this case, the Court of Cassation quashed the contested decision which, in rejecting the appeal against the transfer of a Pakistani citizen to Slovenia, had limited itself to enumerating the normative and statistical data of the requested State's system, drawn from the Aida Country Report, neglecting, instead, other information concerning the actual situation existing in that country).
Protection of Fundamental Rights
This judgment represents a significant step forward in the protection of asylum seekers' rights. It underscores the need for a thorough analysis of reception conditions, which must be based on up-to-date and reliable information. Systemic deficiencies in the asylum procedure and reception conditions cannot be ignored, as they can compromise the effective enjoyment of fundamental rights for applicants for international protection.
- Assessment of actual reception conditions
- Consideration of authoritative international sources
- Importance of verifying fundamental rights
Conclusions
Judgment No. 23050 of 2024 is part of a broader debate concerning asylum law in Europe and the responsibilities of Member States in ensuring dignified conditions for applicants. The Court of Cassation has clarified that it is not sufficient to refer to normative data: an analysis that takes into account the concrete reality is essential, so that human rights are respected at every stage of the asylum procedure. This represents a victory for justice and for the dignity of people seeking protection.
